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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 19, 2016 No. 63

About enhancement of work with the property withdrawn, arrested or turned into the income of the state

(Extraction)

(as amended on 19-11-2019)

For the purpose of enhancement of work with the property withdrawn, arrested or turned into the income of the state I decide:

1. Abolish the commissions on work with the property turned into the income of the state, having transferred their functions to Department on humanitarian activities of Administration of the President of the Republic of Belarus (further - Department).

2. Approve the enclosed Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state.

3. Determine that:

3.1. information exchange of the bodies and organizations performing accounting, storage, assessment, realization, other use, destruction of the property withdrawn, arrested or turned into the income of the state, property on which collection on account of the unexecuted tax liability, unpaid penalty fee, and the property exempted from arrest by the body conducting criminal procedure addresses (further - property) is performed by the direction of the relevant documents and information on paper before input in continuous operation of the state automated information system "Seized property" (further - AIS "Seized property");

3.2. creation, operation and program and technical support, including upgrade of the software, AIS "Seized property" are performed at the expense of means of the republican budget, and also other sources which are not forbidden by the legislation;

3.3. in AIS "Seized property" for the purpose of information exchange of the bodies and organizations performing accounting, storage, assessment, realization, other use and destruction of property the following data are subject to inclusion:

about the bodies and the organizations performing accounting, storage, assessment and realization of property;

about property by groups of goods, its quantity, cost (price);

about realization, other use of property, its destruction;

about the size of the money received from realization or other use of property and also the size of the money transferred into the budget;

other data determined by Administration of the President of the Republic of Belarus;

3.4. Department:

creates and conducts AIS "Seized property", is its owner;

performs organizational and methodological ensuring forming and maintaining AIS "Seized property";

coordinates work of the bodies and organizations performing accounting, storage, assessment, realization and other use of property for entering of data into AIS "Seized property";

3.5. accounting, assessment and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of the securities and also confiscated or turned into the income of the state by different way of shares in authorized funds of legal entities are performed:

the republican state bodies authorized by Council of Ministers of the Republic of Belarus - concerning shares in authorized funds of legal entities, securities including carried to those according to the legislation (except securities of National Bank), and also personalized privatization checks "Property" before the termination of term of their address;

National Bank - concerning securities of this bank;

3.6. for office use;

3.7. the money received by Department according to the procedure, the provided Regulations on accounting treatment, storages of assessment and the realization of the property withdrawn, arrested or turned into the income of the state, the approved this Decree on the current (settlement) bank account from the organizations realizing property is not assessed with taxes, charges (duties) on condition of their use on:

content and development of material and technical resources of managements of Department in areas, in Minsk and Minsk region;

compensation of the employees of Department who are not government employees including managements of Department on areas, across Minsk and the Minsk region;

other purposes provided in the profit and loss budget of extrabudgetary funds of Department approved in the procedure established by the legislation;

3.8. The department has the right to place the money which arrived on the current (settlement) bank account of Department from the organizations realizing property in deposits (deposits) in banks. The amounts of percent received from investment of funds in deposits (deposits) are transferred into the current (settlement) bank account of Department and go it to the purposes specified in subitem 3.7 of this Item.

The amounts of percent which arrived (receivable) on the current (settlement) bank account of Department for use of the money which is on the current (settlement) bank account or on deposits (deposits) for the purposes of the taxation are not included non-operating incomes;

3.9. unused balances of money on the current (settlement) bank account, and also in deposits (deposits) of Department upon termination of financial year within 5 working days are listed by Department in the income of the republican budget;

3.10. control of activities of the state bodies authorized according to the legislation to make withdrawal, seizure of property, it is performed by Department in the form of carrying out monitoring according to the procedure, the provided Regulations on procedure for carrying out monitoring approved by the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062; National legal Internet portal of the Republic of Belarus, 31.07.2012, 1/13654);

3.11. executive actions of forced nature concerning the property turned into the income of the state, are performed without collection (deduction) of money.

4. Make changes and additions to the following presidential decrees of the Republic of Belarus:

4.1. The regulations on Department on humanitarian activities of Administration of the President of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 13, 2001 No. 660 "About some questions of activities of Administration of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 108, 1/3210; 2002, No. 100, 1/4004; 2004, No. 35, 1/5344; No. 120, 1/5713; 2007, No. 16, 1/8265; No. 83, 1/8471; No. 289, 1/9155; 2011, No. 137, 1/13131; 2012, No. 42, 1/13425) to be reworded as follows it (is applied);

4.2. in the Presidential decree of the Republic of Belarus of September 4, 2006 No. 559 "About work with the property withdrawn, arrested or turned into the income of the state":

to state the name of the Decree in the following edition:

"About entering of amendments and changes into presidential decrees of the Republic of Belarus";

exclude the words "For Office Use";

Items 1-3, subitems 4.3-4.6 of Item 4, Items 6-9 to recognize invalid;

4.3. in the column "Sphere of Control (Supervision)" of Item 6 of the list of the controlling (supervising) bodies and spheres of their control (supervising) activities, No. 510 approved by the Presidential decree of the Republic of Belarus of October 16, 2009 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062; National legal Internet portal of the Republic of Belarus, 31.07.2012, 1/13654):

after paragraph two to add the column with paragraphs of the following content:

"control of realization or other use of the property withdrawn, arrested or turned into the income of the state

control of completeness and timeliness of transfer in budget receipt of money from realization and other use of the property withdrawn, arrested or turned into the income of the state";

third to consider the paragraph the paragraph the fifth;

4.4. for office use.

5. To Administration of the President of the Republic of Belarus:

5.1. in six-months time:

together with regional executive committees, the Minsk Gorispolkom to take measures for abolition of the commissions on work with the property turned into the income of the state, and also for creation and functioning of managements of Department for areas, across Minsk and the Minsk region, including on provision on a grant basis of rooms for their placement;

take other measures for implementation of this Decree;

5.2. determine from the moment of input in continuous operation of AIS "Seized property" procedure for its forming and maintaining.

6. To Council of Ministers of the Republic of Belarus in six-months time:

approve the list of positions of the employees of Department who are not government employees including managements of Department on areas, across Minsk and the Minsk region, and also procedure and payment terms of work of persons working at the specified positions;

provide preparation and entering in accordance with the established procedure into the House of Representatives of National assembly of the Republic of Belarus of the bill of the Republic of Belarus providing reduction of the laws in compliance with this Decree;

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

7. To provide to the Investigative Committee, the State Control Committee, the Prosecutor General's Office, the State inspection of protection of animal and flora in case of the President of the Republic of Belarus in six-months time reduction of the legal acts in compliance with this Decree and to take other measures for its realization.

8. To Administration of the President of the Republic of Belarus, the Investigative Committee, the State Control Committee, the Prosecutor General's Office, the State inspection of protection of animal and flora in case of the President of the Republic of Belarus, to republican state bodies and other organizations in the course of work on accounting, storage, assessment, realization, other use, destruction of property to provide transition to use of AIS "Seized property" after input it in continuous operation.

9. Grant the right to explain questions of application of this Decree to Administration of the President of the Republic of Belarus.

10. Recognize invalid decrees and separate provisions of presidential decrees of the Republic of Belarus according to appendix.

11. This Decree becomes effective in the following procedure:

Items 1-4, 10 - in six months after official publication of this Decree;

other provisions of this Decree - after its official publication.

President of the Republic of Belarus

A. Lukashenko

Appendix

to the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63

List of invalid decrees and separate provisions of presidential decrees of the Republic of Belarus

1. The presidential decree of the Republic of Belarus of October 2, 2003 No. 432 "About enhancement of work with the property turned into the income of the state" (The national register of legal acts of the Republic of Belarus, 2003, No. 112, 1/4969).

2. Subitems 1.13 and 1.29 of Item 1 of the Presidential decree of the Republic of Belarus of March 1, 2007 No. 116 "About some questions of legal regulation of the administrative responsibility" (The national register of legal acts of the Republic of Belarus, 2007, No. 83, 1/8471).

3. Subitems 1.4 and 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of November 26, 2007 No. 602 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning work with the property withdrawn, arrested or turned into the income of the state" (The national register of legal acts of the Republic of Belarus, 2007, No. 289, 1/9155).

4. Subitem 1.57 of Item 1 of the Presidential decree of the Republic of Belarus of May 28, 2008 No. 286 "About modification, amendments and recognition voided some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 133, 1/9730).

5. The presidential decree of the Republic of Belarus of October 7, 2008 No. 552 "About modification and amendments in some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 248, 1/10106).

6. Subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of May 12, 2009 No. 241 "About modification and amendments in presidential decrees of the Republic of Belarus concerning the budget relations and recognition voided some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 119, 1/10688).

7. For office use.

8. For office use.

9. For office use.

10. For office use.

11. For office use.

12. For office use.

13. For office use.

 

Approved by the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63

Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state

Section I. Basic provisions

Chapter 1. General provisions

1. Action of this provision extends to the property (except for money, securities, and also shares in authorized funds of legal entities) withdrawn, arrested, and also confiscated under sentence (resolution) of court or turned into the income of the state otherwise, property on which collection on account of the unexecuted tax liability, unpaid penalty fee, and the property exempted from arrest by the body conducting criminal procedure addresses (further, unless otherwise specified, - property).

Accounting, storage, assessment, realization or other use, destruction of the goods detained by customs authorities and which were not demanded in the terms established by the Customs code of the Eurasian Economic Union (further - the unclaimed detained goods), and the goods placed under customs procedure of refusal for benefit of the state and also compensation of expenses by customs authorities on storage, work on check of goods on quality and safety, other work types (examinations), to assessment, extermination of unclaimed detainees of goods are performed according to this Provision taking into account the features established by the Law of the Republic of Belarus of January 10, 2014 "About customs regulation in the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 22.01. 2014, 2/2127).

2. For the purposes of this provision the following terms and their determinations are used:

safety of property - set of properties and characteristics of property in case of which it does not pose hazard to life, health of the person, its property, the environment in case of usual conditions of its use, storage and utilization;

expense recovery - use of the means provided according to the budget legislation on fee on storage, destruction, assessment, work on check of property on safety, other work types (examinations), to the organization and holding auctions for sale of real estate and also on implementation of the translation of information on property on state languages;

death of property - loss by property of the consumer properties answering to basic purpose of property when recovery of these properties requires the costs equal or exceeding the cost of this property or it is impossible;

identification of property - establishment of identity between the existing property and the available information on him (including its functional purpose, type, standard sizes, models, articles);

property of the debtor - property on which collection on account of the unexecuted tax liability, unpaid penalty fee addresses;

the property turned into the income of the state, - the property seized under sentence (resolution) of court or turned into the income of the state otherwise;

the property exempted from arrest - the property exempted from arrest by the body conducting criminal procedure for its realization at stage of preliminary inquiry for the purpose of compensation of damage (harm) caused by crime, payments of income gained in the criminal way, other property penalties under control of body in which production there is criminal case;

property which realization is impossible, - property which realization according to the legislation is forbidden or which on the qualitative indexes, consumer properties cannot be realized;

property which realization is economically inexpedient - the property, draft cost or cost of which does not exceed the possible (expected) expenses connected with fee on storage, assessment, work on check of property on safety, other work types (examinations) and also on implementation of the translation of information on property on state languages, and expenses of the implementing organization (on delivery of property and its realization);

the property requiring special storage conditions - property, including animals for which in case of storage and transportation according to technical regulatory legal acts measures of protection from action on it high or low temperatures or providing permanent optimum temperature condition (chilling, freezing, heating) and (or) leaving, content or servicing are required (moistening, watering, aeration, rotation, kantovka and another);

quality of property - set of the properties and characteristics of property relating to its capability to satisfy the established and (or) estimated requirements of the buyer (safety, functional suitability, operational characteristics, reliability, economic, information and esthetic requirements and another);

competent authorities - courts, republican state bodies, and also bodies (territorial authorities), other state bodies given authority entering their system to make decisions on the address of property to the income of the state (the address of claim to property);

starting price of sale - the cost with which sale of property at auction begins;

real estate - the parcel of land, capital structure (the building, construction), the incomplete preserved and not preserved capital structure, the isolated room, including residential, shares in the property right to this property, the parking place, the company as property complex, the air and ocean ship, the inland navigation vessel, the swimming vessel "river sea", other types of real estate in the cases established by legal acts of the Republic of Belarus;

nonresidents of the Republic of Belarus:

the physical persons who are constantly not living in the Republic of Belarus;

the legal entities created according to the legislation of foreign states including legal entities with investments of residents of the Republic of Belarus;

the organizations, not being legal entities, with the location outside the Republic of Belarus, created according to the legislation of foreign states;

the diplomatic and other official representations of foreign states which are in the Republic of Belarus;

the representations and bodies of the international organizations and interstate educations performing activities in the territory of the Republic of Belarus;

the representative offices of the foreign organizations located in the territory of the Republic of Belarus;

the organizer of auction - the organization which will organize also holds auction for sale of real estate according to this Provision;

property assessment - determination of market value of property;

the subsequent accounting of property - system of continuous information collection about property (in quantitative and value term) by means of implementation by managements on areas, across Minsk and the Minsk region of Department on humanitarian activities of Administration of the President of the Republic of Belarus (further - Department) documentation, assessment, generalization of the corresponding data in the reporting;

provisional estimate of property - determination of draft cost of property;

draft cost of property - the property value determined by authorized body;

industrial conversion of property - process of impact on property as a result of which its organoleptic and physical and chemical indicators finally change;

the implementing organization - the state legal entity, the non-state organization, one of founders of which is the state body or the state legal entity, the organization of consumer cooperation included in the list of legal entities to which the property is transferred for realization approved by the department director in coordination with regional executive committees and the Minsk Gorispolkom (further - the list of the implementing organizations);

residents of the Republic of Belarus:

the physical persons who are constantly living in the Republic of Belarus;

the legal entities with the location in the Republic of Belarus created according to the legislation of the Republic of Belarus including legal entities with investments of nonresidents of the Republic of Belarus;

diplomatic representations and consular establishments of the Republic of Belarus;

the representative offices of the organizations created according to the legislation of the Republic of Belarus, which are outside the Republic of Belarus;

risk of accidental death of property - risk of possible losses in connection with death or spoil of property, loss of the consumer properties by it;

market value of property - the property value calculated by market evaluation methods;

seasonal goods - goods which or are absent in the market during the certain season (the period within year) or its quantity and the price are characterized by the periodic fluctuations connected with season (season) (clothes, footwear, fur products and another);

perishable property - the property requiring special storage conditions or property with expiration date and (or) storages less than 30 days;

special means - the mechanical sprays, aerosol and other devices equipped with substances tear or irritant action, electroconvulsive devices and spark rated sportsmen, rubber sticks, handcuffs, means for forced stop of vehicles;

specific property - property which analogs are absent in the Republic of Belarus or the market of which it is limited;

technically difficult goods - goods of household purpose in which are inherent consumption, development or transformation of different types of energy, including muscular force (TVs, the computer equipment, video cameras, cameras, refrigerators, washing machines, kitchen machines for cooking and another);

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